Bill > SB1014

This bill amends the Code of Criminal Procedure to modify the provisions related to post-conviction DNA testing. The key changes are: 1. It removes the requirement that a defendant be convicted before January 8, 2001 to be eligible for post-conviction DNA testing. Now, any defendant convicted of a felony can petition the court for DNA testing. 2. It allows a defendant to petition for DNA testing if the biological material was not previously tested or if a new testing method is available that is more accurate and probative than the previous test. 3. It requires the court to order DNA testing if the defendant presents prima facie evidence that the biological material is material to the issue of the defendant's identity as the perpetrator and that a sample is available for testing. 4. If the DNA test results call into question the defendant's identity as the perpetrator, the court must appoint counsel and hold a hearing to determine whether the results, along with any other new evidence, make a different result probable upon retrial. 5. The bill also requires law enforcement to preserve any biological material identified during the investigation for the entire period the defendant is in the custody of the state, including while serving probation, parole, or sex offender registration.